US v. Charlie Farmer
UNPUBLISHED PER CURIAM OPINION filed. Certificate of appealability denied. Originating case number: 5:09-cr-00297-BO-1,5:16-cv-00602-BO. Copies to all parties and the district court. . Mailed to: Charlie Farmer. [16-7240]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
CHARLIE ELBERT FARMER,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Terrence W. Boyle,
District Judge. (5:09-cr-00297-BO-1; 5:16-cv-00602-BO)
January 17, 2017
February 7, 2017
Before GREGORY, Chief Judge, and WILKINSON and NIEMEYER, Circuit
Dismissed by unpublished per curiam opinion.
Charlie Elbert Farmer, Appellant Pro Se. Evan Rikhye, Assistant
United States Attorney, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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Charlie Elbert Farmer seeks to appeal the district court’s
order denying relief on his 28 U.S.C. § 2255 (2012) motion.
order is not appealable unless a circuit justice or judge issues
A certificate of appealability will not issue absent “a
substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2012).
When the district court denies
(2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003).
When the district court denies relief on procedural grounds, the
prisoner must demonstrate both that the dispositive procedural
claim of the denial of a constitutional right.
Slack, 529 U.S.
We have independently reviewed the record and conclude that
Farmer has not made the requisite showing.
Accordingly, we deny
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this court and argument would not aid the decisional process.
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